Nagendra Prasad Singh, J.

This application in revision by the members of the first party to a proceeding under section 145 of the Code of Criminal Procedure, 1898 (hereinafter referred to as the ‘Code’) is for quashing the final order passed in the said proceeding by a learned Magistrate of Godda on the 19th January, 1970, by which he has declared the members of the second party opposite party to be in possession of the lands in dispute.

2. The Assistant Sub-Inspector of Police, Poraiyahat in the district of Santhal Parganas, submitted a report, dated the 20th November, 1968, to the Sub-divisional Magistrate, Godda, for drawing up a proceeding under section 144 of the Code against the members of the first and the second parties, as there was dispute, between them in respect of five plots of Jamabandi No. 58 mauza Kanauli, police station Poraiyahat, details where of were given in the said report. On the basis of the said report, the Sub-divisional Magistrate passed an order on the 26th November, 1968, drawing up a proceeding under section 144 of the Code. The said order runs as follows:

"A.S.I. of Police Poraiyahat, has submitted a report for action u/s 144 Cr. P.C. The report